Erroneous prenatal diagnosis - Violation of Article 8
Dissenting / Concurring: Paul Lemmens
Contents for term
Erroneous prenatal diagnosis - Violation of Article 8
Dissenting / Concurring: Paul Lemmens
Refusal to award contact rights to the applicant in respect of the child which had been born to her former partner in Belgium using assisted reproductive techniques while the two women were a couple, despite the fact that the applicant had raised the child during his early years - No violation of Article 8 (right to respect for family life)
The case concerned the couple’s complaint that they had not been able to recover embryos that had been seized by the prosecuting authorities in 2009 and that they had been prevented from having another child - Violation of Article 8 (preventing the applicants from retrieving their embryos as ordered by the High Court of Cassation constituted an interference with their right to respect for their private life)
Legislation preventing health professionals assisting with home births - No violation
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Medically assisted heterologous procreation abroad in a married couple - Father's consent to medically assisted heterologous procreation abroad cannot be withdrawn – Rescission of paternity
Obstetric violence – Obstetricians responsible for culpably causing termination of pregnancy - Intrauterine fetal death and therefore abortion
Obligation to provide information on the risks of continuing pregnancy - Medical liability - Failure to provide informed consent
Article 8 - The case concerned applicants who, acting outside any standard adoption procedure, had brought to Italy from abroad a child who had no biological tie with either parent, and who had been conceived, according to the domestic courts, through assisted reproduction techniques that were unlawful under Italian law
Dissenting / Concurring: Raimondi, Mirjana Lazarova Trajkovska, Ledi Bianku, Julia Laffranque, Paul Lemmens, Yonko Grozev
Registration in Italy of a foreign birth certificate establishing two same-sex parents – Foreign birth certificate recognizing the child has two mothers
Non-consensual explantation of oocytes from a woman's ovaries in order to unfairly profit and to implant embryos in other patients - Offence of private violence - Oocytes not considered ‘things’
Voluntary termination of pregnancy – Illegal abortions performed in private doctor’s office for a fee
Medically assisted reproduction - Experimental research on human embryos – Ban on clinical and experimental research on human embryos not aimed at protecting the health and at developing the embryo itself
Legislation preventing health professionals assisting with home births - No violation
Forced sterilization of an immigrant woman from Peru during a caesarean section without her prior and informed consent - Court's recognition of the impact of gendered power relations on dignity, suffering, health and the enjoyment of women's sexual and reproductive rights - Discrimination in access to health affects women’s freedom to decide freely on their bodies and their reproductive health - Violation of the right to non-discrimination, to personal freedom and integrity, dignity, private and family life, access to information and founding a family
Dissenting / Concurring: Ferrer Mac-Gregor Poisot
Medically assisted reproduction – Experimentation on human embryos – Ban on any form of embryonic selection for eugenic purposes
Voluntary termination of pregnancy –Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error - Failure to inform of possible foetus’ malformations
Medically Assisted Procreation - Access to PAM methods – Ban for couples who are neither sterile nor infertile, even if carriers of transmittable genetic diseases
Assisted Reproductive Technologies - Bar on heterologous medically assisted reproduction and fines to facilities performing it - Incompatibility with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) private family establishing the right to respect for private and family life and the prohibition of discrimination
Obstetric violence – Doctor’s criminal liability - The gynecologist’s performance of inappropriate maneuvers on the patient during childbirth allegedly caused the untimely detachment of the placenta and the resulting very serious injuries to the child